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In re Legacy at Fairways Townhomes, LLC

Supreme Court of New York, Fourth Department

December 27, 2013

IN THE MATTER OF LEGACY AT FAIRWAYS TOWNHOMES, LLC, U.S. HOMES CO., INC. AND MARK IV CONSTRUCTION, INC., PETITIONERS-RESPONDENTS,
v.
PLANNING BOARD OF TOWN OF VICTOR, RESPONDENT-APPELLANT. (APPEAL NO. 2.)

Appeal from a judgment (denominated decision, judgment and order) of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered October 24, 2012 in a CPLR article 78 proceeding. The judgment, inter alia, granted the petition.

THE WOLFORD LAW FIRM LLP, ROCHESTER (MICHAEL R. WOLFORD OF COUNSEL), FOR RESPONDENT-APPELLANT.

ADAMS BELL ADAMS, P.C., ROCHESTER (ANTHONY J. ADAMS, JR., OF COUNSEL), FOR PETITIONERS-RESPONDENTS.

PRESENT: SCUDDER, P.J., SMITH, FAHEY, SCONIERS, AND VALENTINO, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Same Memorandum as in Matter of Legacy at Fairways, LLC v Planning Bd. of Town of Victor ([appeal No. 1] ___ A.D.3d ___ [Dec. 27, 2013]).


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